Initiative
Measure 276
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requesting in-depth information on state measures. See page 5 for -
details.
Disclosure — Campaign Finances
— Lobbying — Records
AN ACT relating to campaign financing, activities of lobbyists,
access to public records, and financial affairs of elective offi-
cers and candidates; requiring disclosure of sources of cam-
paign contributions, objects of campaign expenditures, and
amounts thereof; limiting campaign expenditures; regulating
the activities of lobbyists and requiring reports of their ex-
penditures; restricting use of public funds to influence legisla-
tive decisions; governing access to public records; specifying
the manner in which public agencies will maintain such rec-
ords; requiring disclosure of elective officials' and candidates'
financial interests and activities; establishing a public disclo-
sure commission to administer the act; and providing civil,
penalties.
Statement for
The People Have the Right to Know . . .
Our whole concept of democracy rs based on an informed
and involved citizenry. Trust and confidence in governmental
institutions is at an all time low. High on the list of causes of
this citizen distrust are secrecy in government and the influ-
ence of private money on governmental decision making. Ini-
tiative 276 brings a II " of this out into the open for citizens and
volers to judge for themselves, . -r.y, ^ ^fei-^fess. , ( ^ ir .
Where Campaign Money Comes From
and Where it Goes! !
initiatve 276 requires public disclosure of where campaign
money comes from;'who gets it anti how muchr All candidates
and political committees are required to make regular, .de-
tailed reports of contributions and expenditures. 'Small contri-
butions need not be reported by name. And, spending in any
election campaign is limited to whichever is larger: ten cents
, per registered voter; $5,000; or a sum equal to the total salary
for the term of the office sought.
Which Lobbyists Spend How Much
For What Purposes! !
Initiative 276 allows the public to know which special in-
terests are spending how much to influence decisions made
by the legislature and various state agencies. Professional
lobbyists must register and report year-round {not just during
legislative sessions) their terms of employment? legislation to
which employment relates, itemized expenditures made, and
financial transactions with legislators and public employees.
Expenditures of state funds for lobbying are prohibited.
Where Conflicts of Interest Exist! !
Initiative 276 permits the voting public to judge for itself
where potential conflicts of interest may lie. All elected offi-
cials and candidates are required to disclose directorships and
offices held and substantial financial or ownership interests in '
any business, and in real estate investments.
How Governmental Decisions Are Really Madel!
Initiative 276 makes all public records and documents in
state and local agencies available for public inspection and
copying. Certain records are exempted to protect individual
privacy and to safeguard essential governmental functions.
The People Have The Right To Know!!
Vote For Initiative 276! I
Committee appointed to compose statement FOR Initiative >
276;
BENNETT FEIGENBAUM, Coalition for Open Government, :
Sponsor; NAT WASHINGTON, State Senator, Ephrata; ART .
BROWN, State Representative, Seattle.
Advisory Committee: JOCELYN' MARCHISIO, President, I
League of Women Voters of Washington; MARIANNE NOR-
TON, American Association of University Women; JOAN
THOMAS, President, Washington Environmental Council; -
LOREN ARNETT, Washington State Council of Churches.
ten
The Law as it now exists:
Presently, candidates seeking nomination at a primary election must file a
statement indicating the expenditures made for the purpose of obtaining
their nomination. Violation is a misdemeanor. However, present law applies
only lo primaries and not to general elections; additionally, the present law
relates only lo campaign expenditures and not 1o contributions.
Legislative lobbying is now regulated by a 1967 law under which any
person who is hired for the purpose of influencing legislation mus1 register
with each house of the legislature. In addition, registered lobbyisls must file
periodic reports of I heir lobbying 'expenses, but these reports are not re-
quired to be itemized or detailed.
State officers but not those of local governmental units are presently re-
quired to file periodic reports of certain of their private financial affairs in
January of each year; and candidates for stale offices are required to file
these same reports ai the lime they file their declarations of candidacy.
Access to public records is largely governed, under presenl law, by court
decisions under which members of the public having a legitimate interest
therein are entitled to examine all records in the custody of a public official
which thai official is required, by law to maintain. However, in the case of
records which the official having custody is not required by law to maintain,
the disclosure or nondisclosure of information contained therein is largely
within the discretion of this official.
Effect of Initiative Measure
No. 276 if approved into Law:
This initiative is divided into four basic parts;
The first pari relates lo (he financing t)f electoral campaigns involving
both ballot propositions and candidates for most stale and local govern-
mental offices (except precinct committeemen and offices in cities or in
other less than county-wide local governmental units inhabited by fewer than
5,000 registered voters). This part would require periodic reports from all
groups or individuals who atlempt to influence 1he election of candidates or
passage of measures. Such reports would disclose the sources and amounts
of all campaign contributions in excess of $5.00 and the objects and amounts
of all campaign expenditures in excess of £25,00.
in addition, this part of ihe initiative would limit the total amounts which
may be expended in connection with electoral campaigns which M wouid
cover. Expenditures paid in connection with state-wide ballot measures
would be limited to $10,000, and in connection with olher ballot measures to
10 cents for every registered voter who votes on the proposition. In Ihe case
of campaigns for public offices, the initiative would impose a limitation of 10
cenls per registered voter, or 55,000, or a figure based upon Ihe salary of the
office sought, whichever Is the greater. Anonymous contributions in excess
of $1.00 from any individual or in excess -of 1 % of total accumulated contri-
butions would be prohibited — as would be the use of public office facilities
in electoral campaigns.
(Continued on Page 108)
NOTE: Ballot title and the above explanatory comment were
written by the Attorney General as required by state law.
Complete text of Initiative Measure No. 276 starts on Page
55.
Statement against
Initiative 276 is well-intentioned but certainly
over-enthusiastic legislation. It tries to cleanse all .evils of our
political process by limiting campaign expenditures and re-
quiring disclosure of campaign and lobbying expenditures.
But it goes far beyond that.
How Far Does 276 Go?
Initiative 276 threatens individual privacy. For instance — ? ,.
276 requires public identification of everyone making a polit-
ical contribution of $5.00 or more; such personal support then
becomes a matter of public records, before the election!
What Will 276 Cost?
276 doesn't tell the taxpayer about added cost of govern-
ment. Virtually every office of State and Local Government
will incur added expenses— staff, office Space, files, supplies
and computer time — at a conservatively estimated cost of
more than $2 million dollars annually. Every office holder and
candidate will be subjected to countless hours of useless
record keeping— thousands of hours of wasted time — merely
to fill more filing cabinets in Olympia. It is impossible to esti-
mate the potential cost to State, County and City Government
of making all public records available for inspection and cop-
ying.
276 Discourages individual Participation
in the Political Process.
The reporting burdens of Initiative 276 and constant threat
of frivolous or acrimonious citizen^ suits because of personal,
political or business differences; will discourage many people
from participating in politics, either as candidates or volun-
teers. It will definitely destroy incentive for anyone to run and
serve in low-paying part-time offices.
Referendum Bills Nos. 24 and 25 far More Practical.
There is real need to place some limits on skyrocketing
costs of political campaigns. There is also need for realistic
campaign contribution reporting. It should not be aimed at
the $5.00 contribution of individuals, but rather to prevent
undue influence on the part of special interest groups. These
needs are met in Referendum^ 24 and 25 — strict laws that to-
tally respect individual privacy and freedom of choice, while
meeting the reporting and expenditure goals.
Committee appointed to compose statement AGAINST
Initiative Measure No, 276:
CHARLES E. NEWSCHWANDER, State Senator; JAMES P.
KUEHNLE, State Representative.
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Initiative Measure No. 276
(Continued from Page 11)
The second part of this initiative would replace the existing law regulating
lobbying activities. Like the present law, it would require lobbyists [with cer-
tain exceptions) to register before doing any lobbying. The term "lobbying,"
however, would be expanded to include activities in connection with all
state regulatory agencies as well as the legislature, and also to include
lobbying between legislative sessions. Unlike the present law, the initiative
would require lobbyists to file itemized and detailed quarterly reports of
their lobbying activities as well as weekly reports during legislative sessions.
Employers of lobbyists would be required to file additional annual reports
concerning their employment or compensating of state officials, and legisla-
tors would also file written reports concerning persons employed by them.
The use of state funds for lobbying would be prohibited unless expressly
authorized by law. All state agencies whose employees communicate with
the legislators in accordance with the act would be required to file detailed'
quarterly reports concerning such employees and communications.
The third part of the initiative pertains to the financial affairs of candi-
dates and elected officials at both the state and local levels. This part would
require such candidates arid officials to file periodic reports of a number of
designated matters relating to their financial and business affairs, and would
excuse any persons filing these reports from also filing the financial disclo-
sure reports required by the existing statute pertaining to state officers.
The fourth maj'or part of the initiative relates to "public records," *a term
which would be defined as including ". . . any-writing containing informa-
tion relating to the conduct of government or the performance Of any gov-
ernmental or proprietary function prepared, owned, used or retained by any "'
state or local agency regardless of physical form or characteristics." The initi-
ative would require ail such "public records" of both state and local agen-
cies to be made available for public inspection and copying by any person
asking to see or copy a particular record— subject only to certain exceptions
relating to individual rights of privacy or other situations where the act
deems the public interest would not be best served by open -disclosure-
regardless of whether or not the particular record is one which the official
having custody is required by law to maintain. This part of the initiative
would also impose upon all state and local governmental agencies a great
number of detailed requirements with respect to the maintenance and in-
dexing of all their records.
■ The initiative would also establish a "public disclosure commission" to
administer and enforce its provisions and would prescribe several proce-
dures and penalties for its enforcement. And finally, the last section of the
initiative states that if approved the initiative would repeal the provisions of
Referendum Bills 24 and 25 in the event that these measures are also ap- -
proved at this election. Those measures are discussed on pages 12 and 14 of
this pamphlet.
Referendum Bill No. 24
(Continued from Page 13)
voke lobbyist registration, enjoin lobbying activities, require filing of reports
and recover treble damages for failure to file accurate reports. The boards
could employ attorneys other than the attorney general. Individuals could
also bring suit for damages.
The present law must be strictly construed because of its criminal penal-
tjes; however Referendum 24 expressly declares that its provisions shall be
liberally interpreted in order to carry out its purposes.
Finally, this act should be compared with Initiative Measure No. 276, as
described on page 10 of this voters' pamphlet, a portion of which also covers
this same general subject.
Initiative Measure No. 43
(Continued from Page 33)
lowed to operate a permit system for developments which are not substantial
upon delegation of such authority by the department of ecologv.
This act would prohibit the issuance of any permits to drill for oil in
^SS' 5° un t d < ° r (with certain exceptions) to construct any buildings of more
than 35 feet above average grade level on shorelines which obstruct the view
^substantial number of residences on areas adjoining the shoreline. It
would also limit commercial timber harvesting in shoreline areas. The initia-
tive further would require a consumer protection notice of the applicability
or its provisions to be given in connection with certain transactions per-
taining to lands or waters subject to Ihe act's provisions.
Both Initiative Measure 43 and Alternative Measure 438 provide for com- '
prehensive land planning and management programs. The principal differ-
ences between the, two measures pertain to the relationship* of state and
local governments in the implementation of the respective acts and to the
scope of geographical coverage. Alternative Measure 43B places a areater
degree of responsibility and participation in local government than would
Initiative Measure 43. Geographically, Initiative Measure 43 would be applic-
able to all lakes and streams, While Alternative Measure 43B does not apply
to Jakes of less than 20 acres or (with minor exceptions) to portions of
streams with a mean annual flow of 20 cubic feet per second or less. In addi-
tion, the initiative would apply to a 500 foot strip of lands adjacent to all
waters covered thereby and their underlying beds, whereas the alternative
measure applies to a 200 foot strip of such lands together with (in certain in-
stances) other adjacent low lying areas.
Finally, the general consent of the state to the impairment of public navi-
gational rights by the retention of certain existing improvements which is
contained in Alternative Measure 438 is not included in Initiative Measure
43'l - Instead rth e- in i ti ati ve - states ■ thatrexcepras^p erfrii He'd" hy it; 'T.'". there " '
shall be no interference with or obstruction of the navigational rights of the
public pursuant to common law as stated in such cases as the Washington
Supreme Court decision in Wilbour v. Gallagher, 77 Wn. 2d 306(1960)." -
Alternative Measure No. 43B
(Continued from Page 35)
high water mark. Other activities expressly limited by the act include com-
mercial timber harvesting on designated shoreline areas of state-wide signifi-
cance and (with certain exceptions] the erection of structures over 35 teet in
height above average grade level on shorelines where adjacent residential
views on areas adjoining shorelines would be impaired.
This measure also grants the consent of the state to the impairment of the
public rights of navigation and corollary rights caused by the retention of any
structures, improvements, docks, fills or developments placed in navigable
waters prior to December 4, 1969, except where they were placed in navig-
able waters in violation of state statutes or are in trespass.
Both Initiative Measure 43 and Alternative Measure 43B provide for com-
prehensive land planning and management programs. The principal differ-
ences between the two measures pertain to the relationships of state and
local government in the implementation of the respective acts and to the'
scope of geographical coverage. Alternative Measure 43B places a greater
degree of responsibility and participation in local government than would
Initiative Measure 43. Geographically, Initiative Measure 43 would be applic-
able to all lakes and streams, while Alternative Measure 43B does not apply,
to lakes of less than 20 acres or (with minor exceptions) to portions of
streams with a mean annual flow of 20 cubic feet per secqnd or less. In addi-
tion, the initiative would apply to a 500 foot strip of lands adjacent to all
waters covered thereby and their underlying beds, whereas the alternative
measure applies to a 200 foot strip of such lands together with (in certain in-
stances) other adjacent low lying areas.
. Finally, the general consent to the impairment or public navigational
rights by the retention of certain existing improvements which is contained
in Alternative Measure 43B is not included in Initiative Measure 43. Instead,
the initiative states that, except as permitted by it, ", . , there shall be no
interference with or obstruction of the navigational rights of the public pur-
suant to common law as stated in such cases as the Washington Supreme
Court decision in Wilbour v. Gallagher , 77 Wn. 2d 306 (1969) '
Referendum Bill No. 25
(Continued from Page 15)
scribe to a code of fair campaign practices by which he would promise to
uphold the principles of decency, honesty and fair play.
Persons violating the act would be guilty of misdemeanors and in most
cases would be punishable by a fine of not more than $500.
Finally, this act should be compared with Initiative Measure No. 276, as
described on page 10 of this voters' pamphlet, a portion of which also covers
this same general subject.
CERTIFICATION
As Secretory of State of the State of Washington, I hereby
certify that I have caused me text of all laws, proposed
measures, bailot titles, official explanations, etc. that appear
within this publication to be carefully compared with the
original such instruments now an file in my office and find
them to be a full and true copy of said originals.
Witness my hand and the seal of the State of Washington
this 20th day of September, 1972.
A. LUDLOW KRAMER
Secretary of State
one hundred eight
SECTION 4. That all Washington State retailers holding a
Class E license to sell beer at retail or those Washington State
retailers holding a Class F license to sell wine at retail, ex-
cepting those Class E and Class F license holders who are al-
lowed to sell beer or wine for on-premises consumption, will
be allowed to sell intoxicating liquor at retail if they comply
with the licensing requirement of Section 3 hereof, and fur-
ther that trie-legislature of the State of Washington is hereby
empowered to establish licensing requirements for retail
stores which will sell as their primary business beer, wine and
liquor at retail.
SECTION 5. That Washington State is prohibited from the
reselling of any liquor, either at retail or wholesale.
SECTION 6. That the provisions of this initiative shall be-
come effective July 1, 1973.
SECTION 7. That the Washington State Legislature may
pass such laws or resolutions implementing this initiative as
may be desirable or necessary to effectuate its purpose.
EXPLANATORY COMMENT
Initiative Measure No. 261 filed in the office of the Secre-
tary of State as of January 11, 1972.
Sponsor filed 122,241 supporting signatures as of January
11,1972.
Signatures found sufficient. Measure then certified to the
November 7, 1972 state general election for approval or rejec-
tion by the voters.
COMPLETE TEXT OF
Initiative Measure
276
Ballot Title as issued by the Attorney General:
Disclosure — Campaign Finances-Lobbying-Records
AN ACT relating to campaign financing, activities of lobbyists,
access to public records, and financial affairs of elective offi-
cers and candidates; requiring disclosure of sources of cam-
paign contributions, objects of campaign expenditures, and
amounts thereof; limiting campaign expenditures; regulating
the activities of lobbyists and requiring reports of their ex-
penditures; restricting use of public funds to influence legisla-
tive decisions; governing access to public records; specifying
the manner in which public agencies will maintain such rec-
ords; requiring disclosure of elective officials' and candidates'
financial .interests and activities; establishing a public disclo-
sure commission to administer the act; and providing civil
penalties.
{1) That political campaign and lobbying contributions
and expenditures be fully disclosed to the public and that se-
crecy is to be avoided.
(2) That fhe people have the right to expect from their
elected representatives at all levels of government the utmost
of integrity, honesty and fairness in their dealings.
(3) That the people shall be assured that the private finan-
cial dealings of their public officials, and of candidates for
those offices, present no conflict of interest between the
public trust and private interests.
(4) That our representative form of government is founded
on a belief that those entrusted with the offices of govern-
ment have nothing to fear from full public disclosure of their
financial and business holdings, provided those officials deal
honestly and fairly with the people.
(5) That public confidence in government at all levels is
essential and must be promoted by all possible means.
{6) That public confidence in government at all levels can
best be sustained by assuring the people of the impartiality
and honesty of the officials in all public transactions and deci-
sions.
(7) That the concept of attempting to increase financial
participation of individual contributors in political campaigns
is encouraged by the passage of the Revenue Act of 1971 by
the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the
state level.
(8) That the concepts of disclosure and limitation of elec-
tion campaign financing are established by the passage of the
Federal Election Campaign Act of 1971 by the Congress of the
United States, and in consequence thereof it is desirable to
have implementing legislation at the state level.
(9) That small contributions by individual contributors are
to be encouraged, and that not requiring the reporting of
small contributions may tend to encourage such contribu-
tions.
(10) That the public's right to know of the financing of
political campaigns and lobbying and the financial affairs of
elected officials and candidates far outweighs any right that
these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy and
of the desirability of the efficient administration of govern-
ment, full access to information concerning the conduct of
government on every level must be assured as a fundamental
and necessary precondition to the sound governance of a free
society.
The provisions of this act shall be liberally construed to
promote complete disclosure of all information respecting the
financing of political campaigns and lobbying, and the finan-
cial affairs of elected officials and candidates, and full access
to public records so as to assure continuing public confidence
in fairness of elections and governmental processes, and so as
to assure that the public interest will be fully protected.
SECTION 2. DEFINITIONS. (1) "Agency" includes all state
agencies and all local agencies. "State agency" includes every
state office, public official, department, division, bureau,
board, commission or other state agency. "Local agency" in-
cludes every county, city, city and county, school district, mu-
nicipal corporation, district, political subdivision, or any
board, commission or agency thereof, or other local public
'agency.
(2) "Ballot proposition" means any "measure" as defined
by R.C.W. 29.01.110, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of any
specific constituency which has been filed with the appro-
priate election officer of that constituency.
(3) "Campaign depository" means a bank designated by a
candidate or political committee pursuant to section 5 of this
act.
(4) "Campaign treasurer" and "deputy campaign treasur-
er" mean the individuals appointed by a candidate or political
BE IT ENACTED, by the people
of the State of Washington :
SECTION 1. Declaration of Policy. It ts hereby declared by
the sovereign people to be the public policy of the State of
Washington: .
fifty-five
committee, pursuant to section 5 of this act, to perform the
duties specified in that section.
(5) "Candidate" means any individual who seeks election
to public office. An individual shall bedeemed to seek elec-
tion when he first:
(a) Receives contributions or makes expenditures or re-
serves space or facilities with intent to promote his candidacy
for office; or
(b) Announces publicly or files for office,
{6) "Commercial advertiser" means any person who sells
the service of communicating messages or producing printed
material for broadcast or distribution to the general public or
segments of the general public whether through the use of
newspapers, magazines, television and radio stations, bill-
board companies, direct mail advertising companies, printing
companies, or otherwise.
(7) "Commission" means the agency established under
section 35 of this act.
(8) "Contribution" includes a loan, gift, deposit, subscrip- '
tion, forgiveness of indebtedness, donation, advance, pledge,
payment, transfer of funds between political committees, or
transfer of anything of value, including personal and profes-
sional services, for less than full consideration, but does not
include ordinary home hospitality and the rendering of "part
time" personal services of the sort commonly performed by
volunteer campaign workers or incidental expenses not in
excess of twenty-five dollars personally paid for by any volun-
teer campaign worker. "Part time" services, for the purposes
of this act, means services in addition to regular full time em-
ployment, or, in the case of an unemployed person, services
not in excess of twenty hours per week, excluding weekends.
For the purposes of this act, contributions other than money
or its equivalents shall be deemed to have a money value
equivalent to the fair market value of the contribution. Sums
paid for tickets to fund-raising events such as dinners and par-
ties are contributions; however, the amount of any such con- '
tribution may be reduced for the purpose of complying with
the reporting requirements of this act, by the actual cost of
consumables furnished in connection with the purchase of
such tickets, and only the excess over actual cost of such con-
sumables shall be deemed a contribution.
(9) "Elected official" means any person elected at a gen-
eral or special election to any public office, and any person
appointed to fill a vacancy in any such office.
(10) "Election" includes any primary, general or special
election for public office and any election in which a ballot
proposition is submitted to the voters. *
(11) "Election campaign- means any campaign in support
of or jn opposition to a candidate for election to public office . "."
and any campaign in support of, or in opposition to, a ballot
..pro p osl ti OJl ■ ■ ? ' W}' ^ ■-'■^Y}( : -M':^'-' ■ '- v '- ■£:£/$f.&
■ ; -';], (12) "Expenditure" includes a payment, contribution, sub-
scription, distribution, loan, advance, deposit, or gift of money
or anything of value, and includes a contract, promise, or
agreement, whether or; not legally enforceable, to make an
'.expenditure. The term "expenditure" also includes a promise
to pay, a payment or a transfer of anything of value in ex-
change for goods, services, property, facilities or anything of
value for the purpose of assisting, benefiting or honoring any
public official or candidate, or assisting in furthering or opr
posing any election campaign.
(13) "Final report" means the report described as a final
report in section 8, subsection 2, of this act.
(14) "Immediate family" includes the spouse and children
living in the household and other relatives living in the house-
hold.
(15) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or
proposed in either house of the state legislature, and includes
any other matter which may be the subject of action by either
house, or any committee of the legislature and all bills and
resolutions which having passed both houses, are pending
approval by the Governor.
(16) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legis-
lature of the State of Washington, or the adoption or rejection
of any rule, standard, rate or other legislative enactment of
any state agency under the state Administrative Procedure
Acts, chap. 34.04 R.C.W. and chap. 28 B.19 R.C.W.
(17) "Lobbyist" includes any person who shall lobby ei-
ther in his own or another's behalf.
(18) "Lobbyist's employer" means the person or persons
by whom a lobbyist is employed and all persons by whom he
is compensated for acting as a lobbyist.
(19) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state or local governmental entity or agency however consti-
tuted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization
or group of persons, however organized.
(20) "Person in interest" means the person who is the sub-
ject of a record or any representative designated by said per-
son, except that if such person be under a legal disability, the
term "person in interest" shall mean and include the parent or
duly appointed legal representative.
(21) "Political advertising" includes any advertising dis-
plays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations or
other means of mass communication, used for the purpose of
appealing, directly or indirectly, for votes or for financial or
other support in any election campaign.
(22) "Political committee" means any. person (except a
candidate or an individual dealing with his own funds or prop-
erty) having the expectation of receiving contributions or
making expenditures in support of, or opposition to, any can-
didate or any ballot proposition.
(23) "Public office" means any federal, state, county, city,
town, school district, port district, special district, or other
state political subdivision elective office.
(24) "Public record" includes any writing containing infor-
mation relating to the conduct of government or the perform-
ance of any governmental or proprietary function prepared,
owned, used or retained by any state or local agency regard-
less of physical form or characteristics.
(25) "Writing" means handwriting, typewriting, .printing,
photostating, photographing, and every other means of rec-
ording any form of communication or representation, in-
cluding letters, words, pictures, sounds; or symbols^ or combi-'
nation thereof, and all papers, .maps, magnetic or paper tapes;
photographic films and prints, magnetic or punched cards,
discs, drums and other documents. :^ ■
As used in this act, the singular shall take the plural and
any gender, the other, as the context requires.
CHAPTER I. CAMPAIGN FINANCING
SECTION 3. Applicability. The provisions of this act re-
lating to election campaigns shall apply in all election cam-
paigns other than (a) for precinct committeeman; (b) for the
President and Vice President of the United States; and (c) for
an office the constituency of which does not encompass a
whole county and which contains less than five thousand reg-
istered voters as of the date of the most recent general elec-
tion in such district.
SECTION 4. Obligation of Political Committees to File
Statement of Organization. (1) Every political committee,
within ten days after its organization or, within ten' days after
the date when it first has the expectation of receiving contri-
butions or making expenditures in any election campaign,
whichever is earlier, shall file a statement of organization with
the commission and with the county auditor of the county in
which the candidate resides (or in the case of a political com-
fifty-six
mittee supporting or opposing a ballot proposition, the
county in which the campaign treasurer resides). Each political
committee in existence on the effective date of this act shall
file a statement of organization with the commission within
ninety days after such effective date.
(2) The statement of organization shall include but not be
limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated
committees or other persons, and the nature of the relation-
ship or affiliation;
(c) The names, addresses, and' titles of its officers; or if it
has no officers, the names, addresses and titles of its respon-
sible leaders;
(d) The name and address of its campaign treasurer and
cafnpaign depository;
{e) A statement whether the committee is a continuing
one;
{f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing,
and, if the committee is supporting the entire ticket of any
party, the name of the party;
(g) The ballot proposition concerned, if any, and whether
the committee is in favor of or opposed to such proposition;
(h) What distribution 1 of surplus funds will be made in the
event of dissolution; and
(i) Such other information as the commission may by reg-
ulation prescribe, in keeping with the policies and purposes of
this act.
3. Any material change in information previously sub-
mitted in a statement of organization shall be reported to the
commission and to the appropriate county auditor within the
ten days following the change.
SECTION 5. Campaign Treasurer and Depositories. (1) Each
candidate, at or before the time he announces publicly or files
for office, and each political committee, at or before the time
it files a statement of organization, shall designate and file
with the commission the names and addresses of:
(a) One legally competent individual, who may be the
candidate, to serve as a campaign treasurer; and
(b) One bank doing business in this state to serve as cam-
paign depository. '
(2) A candidate, a political committee or a campaign treas-
urer may appoint as many deputy campaign treasurers as is
considered necessary and may designate not more than one
additional campaign depository in each other county in which
the campaign is conducted. The candidate or political com-
mittee shall file the names and addresses of the deputy cam-
paign treasurers and additional campaign depositories with
...the. commission ,
(3) (a) A candidate or political committee may at any time
remove a campaign treasurer or deputy campaign treasurer or
change a designated campaign depository.
(b) In the event of the death, resignation, removal, or
change of a campaign treasurer, deputy campaign treasurer or
depository, the candidate or political committee shall desig-
nate and file with the commission the name and address of
any successor.
(4) No campaign treasurer, deputy campaign treasurer, or
campaign depository shall be deemed to be in compliance
with the provisions of this act until his name and address is
filed with the commission.
SECTION G. Deposit of Contributions — Statement of Cam-
paign Treasurer — Anonymous Contributions. (1) All monetary
contributions received by a candidate or political committee
shall be deposited by the campaign treasurer or deputy treas-
urer in a campaign depository in an account designated,
"Campaign Fund of " (name of candidate or political
committee).
{2) All deposits made by a campaign treasurer or deputy
campaign treasurer shall be accompanied by a statement con-
taining the name of each person contributing the funds so
deposited and the amount contributed by each person: PRO-
VIDED, that contributions not exceeding five dollars from any
one person may be deposited without identifying the contri-
butor. The statement shall be in triplicate, upon a form pre-
scribed by the commission, one copy to be retained by the
campaign depository for its records, one copy to be filled by
the campaign treasurer with the commission, and one copy to
be retained by the carnpaign treasurer for his records. In the
event of deposits made by a deputy campaign treasurer, the
third copy shall be forwarded to the campaign treasurer to be
retained by him for his records. Each statement shall be certi-
fied as correct by the campaign treasurer or deputy campaign
treasurer making the deposit.
(3) (a) Accumulated anonymous contributions in excess of
one dollar from any individual contributor, and
(b) Accumulated anonymous contributions in excess of
one per cent of the total accumulated contributions received
to date or three hundred dollars (whichever is less),
shall not be deposited, used or expended, but shall be re-
turned to the donor, if his identity can be ascertained. If the
donor cannot be ascertained, the contribution shall escheat to
the state, and shall be paid to the state treasurer for deposit in
the state general fund.
SECTION 7. Authorization of Expenditures and Restrictions
Thereon. No expenditures shall be made or incurred by any
candidate or political committee except on the authority of
the campaign treasurer or the candidate, and a record of all
such expenditures shall be maintained by the campaign treas-
urer.
SECTION 8. Candidates' and Treasurers' Duty to Report.
(1) On the day the campaign treasurer is designated, each
candidate or political committee shall file with the commis-
sion and the county auditor of the county in which the candi-
date resides (or in the case of a political committee supporting
or opposing a ballot proposition, the county in which the
campaign treasurer resides), in addition to any statement of
organization required under section 4, a report of all contribu-
tions received and expenditures made in the election cam-
paign prior,- to that date: PROVIDED, that if the political com-
mittee is an organization of continuing existence not estab-
lished in anticipation of any particular election the campaign
treasurer shall report, at the times required by this act, and at
such other times as are designated by the commission, all con-
tributions received and expenditures made since the date of
his or his predecessor's last report. In addition to any state-
ment of organization required under section 4, the initial re-
port of the campaign treasurer of such a political committee in
existence at the time this act becomes effective need include
Only:
(a) The funds on hand at the time of the report, and
(b) Such other information as shall be required by the
commission by regulation in conformance with the policies
and purposes of this act.
(2) At the following intervals each campaign treasurer
shall file with the commission and the county auditor of the
county in which the candidate resides (or in the case of a pol-
itical committee supporting or opposing a ballot proposition
the county in which the campaign treasurer resides) a further
report of the contributions received and expenditures made
since the date of the last report:
(a) On the fifth and nineteenth days immediately pre-
ceding the date on which the election is held; and
(b) Within ten days after the date of a primary election,
and within twenty-one days after the date of all other elec-
tions; and
(c) On the tenth day of each month preceding the elec-
tion in which no other reports are required to be filed under
this section.
fifty-seven
The report filed under paragraph (b) above shall be the
final report if there is no outstanding debt or obligation, and
the campaign fund is closed, and the campaign is concluded
in all respects, and if in the case of a political committee, the
committee has ceased to function and has dissolved. If the
candidate or political committee has any outstanding debt or
obligation, additional reports shall be filed at least once every
six months until the obligation or indebtedness is entirely sat-
isfied at which time a final report shall be filed. A continuing
political committee shall file reports as required by this act
until it is dissolved, at which time a final report shall be filed.
Upon submitting a final report, the duties of the campaign
treasurer shall cease and there shall be no obligation to make
any further reports.
(3) The campaign treasurer shall maintain books of ac-
count in accordance with generally accepted accounting prin-
ciples reflecting all contributions and expenditures on a cur-
rent basis within three business days of receipt or expendi-
ture. During the eight days immediately preceding the date of
the election the books of account shall be kept current within
one business day and shall be open for public inspection
during normal business hours at the principal campaign head-
quarters or, if there is no campaign headquarters, at the ad-
dress of the campaign treasurer.
(4) All reports filed pursuant to this section shall be certi-
fied as correct by the candidate and the campaign treasurer.
(5) Copies of all reports filed pursuant to this section shall
be readily available for public inspection at the principal cam-
paign headquarters or, if there is no* campaign headquarters,
at the address of the campaign treasurer.
SECTION 9. Contents of Report. (1) Each report required
under section 8 of this act shall disclose for the period begin-
ning at the end of the period for the last report or, in the case
of an initial report, at the time of the first contribution or ex-
penditure, and ending not more than three days prior to the
date the report is due:
(a) The funds on hand at the beginning of the period;
(b) The name andaddress of each person who has made
one or more contributions during the period, together with
the money value and date of such contributions and the ag-
gregate value of all contributions received from each such
person during the preceding twelve-month period: PRO-
VIDED, that contributions not exceeding five dollars in aggre-
gate from any one person during the election campaign may
be reported as one lump sum so long as the campaign treas-
urer maintains a separate and private list of the names and
amounts of each s uch contributor; r . ( ; : i . ; V ^
(c) Each loan, promissory note or security instrument to be; :
used by or for the benefit of the candidate or political ^am^^S^
mittee made by any person, together with the names and ad-
dresses of the lender and each person liable directly, Indi^V ^v^-;;^
rectly or contingently and the date and amount of each such
loan, promissory npte or security instrument;
(d) The name and address of each political committee
from which the reporting committee or candidate received, or
to which that committee or candidate made, any transfer of
funds, together with the amounts, dates and purpose of all
such transfers;
(e) All other contributions not otherwise listed or ex-
'empted;
(f) The name and address of each person to whom an ex-
penditure was made in the aggregate amount of. twenty five
dollars or more, and the amount, date and purpose of each
such expenditure;
(g) The total sum of expenditures;
(h) The surplus or deficit of contributions over expendi-
tures;
(i) The disposition made of any surplus of contributions
over expenditures;
(j) Such other information as shall be required by the
commission by regulation in conformance with the policies
and purposes of this act; and
(k) Funds received from a political committee not domi-
ciled in Washington State and not otherwise required to re-
port under this act (a "non-reporting committee"). Such funds
shall be forfeited to the State of Washington unless the nonre-
porting committee has filed with the commission a statement
disclosing: (i) its names and address; {ii) the purposes of the
non-reporting committee; (Hi) -the names, addresses and titles
of its officers or if it has no officers, the names, addresses and
titles of its responsible leaders; (iv) a statement whether the
non-reporting committee is a continuing one; (v) the name,
office sought, and party affiliation of each candidate in the
State of Washington whom the non-reporting committee is
supporting, and, if such committee is supporting the entire
ticket of any party, the name of the party; (vi) the ballot prop-
osition supported or opposed in the State of Washington, if
any, and whether such committee is in favor of or opposed to
such proposition; (vii) the name and address of each person
residing in the State of Washington or corporation which has
a place of business in the State of Washington who has made
one or more contributions to the non-reporting committee
during the preceding twelve month period, together with the
money value and date of such contributions; (viii) the name
and address of each person in the State of Washington to
whom an expenditure was made by the non-reporting com-
mittee on behalf of a candidate or political committee in the
aggregate amount of twenty five dollars or more, the amount,
date and purpose of such expenditure, and the total sum of
such expenditures; (ix) such other information as the commis-
sion may by regulation prescribe, in keeping with the policies
and purposes of this act.
(2) The campaign treasurer and the candidate shall certify
the correctness of each report.
SECTION 10. Special Reports, in addition to the other re-
ports required by this act:
(1) Any person who makes an expenditure in support of or
in opposition to any candidate or proposition (except to the
extent that a contribution is made directly to a candidate or
political committee), in the aggregate amount of one hundred
dollars or more during an election campaign, shall file with
the commission a report signed by the contributor disclosing
(a) the contributor's name and address, and (b) the date, na-
ture, amount and recipient of such contribution or expendi-
ture; and
(2) Any person who contributes in the aggregate-amount
of one hundred dollars or more during the preceding twelve
month period to any political committee not domiciled jn the
State of Washington or not otherwise required to report;
under this act, if the person reasonably expects such politicals
committee to make contributions in respect to any election
covered by this act, shall file with the commission a report
signed by the contributor disclosing (a) the contributor's
name and address, and (b) the date, nature, amount and recip-
ient of such contribution, and (c) any instructions given as to
the use or disbursement of such contribution.
SECTION 11. Commercial Advertisers' Duty to Report. (1)
Within fifteen days after an election each commercial adver-
tiser who has accepted or provided political advertising during
the election campaign shall file a report with the commission
which shall be certified as correct and shall specify:
(a) The names and addresses of persons from whom it
accepted political advertising;
(b) The exact nature and extent of the advertising services
rendered;
(c) The consideration and the manner of paying that con-
sideration for such services; 1 and
(d) Such other facts as the commission may by regulation
prescribe, in keeping with the policies and purposes of this
act.
fifty-eight
(2) No report shall be required from any commercial ad-
vertiser as to any single candidate or political committee when
the total value of such political advertising does not exceed
fifty dollars.
SECTION 12. Identification of Contributions and Commu-
nications. No contribution shall be made and no expenditure
shall be incurred, directly or indirectly, in a fictitious name,
anonymously, or by, one person through an agent, relative or
other person in such a manner as to conceal the identity of
the source of the contribution.
SECTION 13. Forbids Use of Public Office Facilities in
Campaigns. No elective official nor any employee of his office
may use or authorize the use of any of the facilities of his
public office, directly or indirectly, for the purpose of assisting
his campaign for reelection to the office he holds, or for elec-
tion to any other office, or for election of any other person to
any office or for the promotion or opposition to any ballot
proposition. Facilities of public office include, but are not lim-
ited to, use of stationery, postage, machines and equipment,
use of employees of the office during working hours, vehicles,
office space, publications of the office, and clientele lists of
persons served by the office: PROVIDED, that this section
shall not apply to those activities performed by the official or
his office which are part of the normal and regular conduct of
the office.
SECTION 14. Campaign Expenditure Limitations. (1) The
total of expenditures made in any election campaign in
connection with any public office shall not exceed the larger
of the following amounts:
(a) Ten cents multiplied by the number of voters regis-
tered in the constituency at the last general election for the
public office; or
(b) Five thousand dollars; or
(c) A sum equal to the public salary which will be paid to
the occupant of the office which the candidate seeks, during
the term for which the successful candidate will be elected:
PROVIDED, that with respect to candidates for the office of
governor and lieutenant governor of the State of Washington
only, a sum equal to the public salary which will be paid the
governor during the term sought, multiplied by two; and with
respect to candidates for the state legislature only, a sum
equal to the public salary which will be paid to a member of
the state senate during his term. '
(2) |n any election campaign in connection with any state-
wide ballot proposition the total of expenditures made shall:
not exceed one hundred thousand dollars. The total of such
expenditures in any election campaign in connection with any
by the number of voters registered in the constituency voting
on such proposition.
CHAPTER II. LOBBYIST REPORT1NC
SECTION 15. Registration of Lobbyists. (1) Before doing
any lobbying, or within thirty days after being employed as a
lobbyist, whichever occurs first, a lobbyist shall register by
filing with the commission a lobbyist registration statement, in
such detail as the commission shall prescribe, showing:
(a) His name, permanent business address, and any tem-
porary residential and business addresses in Thurston County
during the legislative session; -
(b) The name, address and occupation or business of the
lobbyist's employer;
(c) The duration of his employment;
(d) His compensation for lobbying; how much he is to be
paid for expenses, and what expenses are to be reimbursed;
and a full and particular description of any agreement, ar-
rangement or understanding according to which his compen-
sation, or any portion thereof, is or will be contingent upon
the success of any attempt to influence legislation.
(e) Whether the person from whom he receives said com-
pensation employs him solely as a lobbyist or whether he is a
regular employee performing services for his employer which
include but are not limited to the influencing of legislation;
(f) The general subject or subjects of his legislative in-
terest;
(g) A written authorization from each of the lobbyist's
employers confirming such employment;
(h) The name and address of the person who will have
custody of the accounts, bills, receipts, books, papers, and
documents required to be kept under this act;
(i) If the lobbyist's employer is an entity (including, but
not limited to, business and trade associations) whose mem-
' bers include, or which as a representative entity undertakes
lobbying activities for, businesses, groups, associations or or-
ganizations, the name and address of each member of such
entity or person represented by such entity whose fees, dues,
payments or other consideration paid to such entity during
either of the prior two years have exceeded five hundred dol-
lars or who is obligated to or has agreed to pay fees, dues,
payments or other consideration exceeding five hundred dol-
lars to such entity during the current year.
{2} Any lobbyist who receives or is to receive compensa-
tion from more than one person for his services as a lobbyist
shall file a separate notice of representation with respect to
.each such person; except that where a lobbyist whose fee for
acting as such in respect to the same legislation or type of leg-
islation or type of legislation is, or is to be, paid or contributed
to by more than one person then such lobbyist may file a
single statement, in which he shall detail the name, business
address and occupation of each person so paying or contrib-
uting, and the amount of the respective payments or contribu-
tions made by each such person-
(3) Whenever a change, modification, or termination of
the lobbyist's employment occurs, the lobbyist shall, within
one week of such change, modification or termination, furnish
full information regarding the same by filing with the commis-
sion an amended registration statement,
(4) Each lobbyist who has registered shall file a new regis-
tration statement, revised as appropriate, each January, and
failure to do so shall terminate his registration.
SECTION 16. Exemption from Registration. The following
persons and activities shall be exempt from registration and
reporting under Sections 15, 17, 19, and 20 of this act:
(1) Persons who limit their lobbying activities to appear-
ance before public sessions of committees of the legislature,
or public hearings of state agencies.
(2) News or feature reporting activities and editorial
comment by working members of the press, radio, or televi-
sion and the publication or dissemination thereof by a news-
paper, book publisher, regularly published periodical, radio
station, or television station.
(3) Lobbying without compensation or other considera-
tion: PROVIDED, such person makes no expenditure for or on
behalf of any member of the legislature or elected official or
public officer or employee of the State of Washington in
connection with such lobbying. Any person exempt under this
subsection (3) may at his option register and report under this
act.
(4) The Governor.
(5) The Lieutenant Governor.
(6) Except as provided by Section 19(1) r members of the
legislature.
(7) Except as provided by Section 19(1), persons employed
by the legislature for the purpose of aiding in the preparation
and enactment of legislation.
(8) Except as provided by Section 19 elected state officers,
state officers appointed by the Governor subject to confirma-
tion by the Senate, and employees of any state agency.
SECTION 17. Reporting by Lobbyists. (1) Any lobbyist reg-
fifty-nine
istered under section 15 of this act and any person who lob-
bies shall file with the commission periodic reports of his ac-
tivities signed by both the lobbyist and the lobbyist's em-
ployers. The reports shall be made in the form and manner
prescribed by the commission. They shall be due quarterly
and shall be filed within thirty days after the end of the cal-
endar quarter covered by the report. In addition to the quart-
erly reports, While the legislature is in session, any lobbyist
who lobbies with respect to any legislation shall file interim
weekly periodic reports for each week that the legislature is in
session, which reports need be signed only by the lobbyist
and which shall be filed on each Tuesday for the activities of
the week ending on the preceding Saturday.
(2) Each such quarterly and weekly periodic report shall
contain:
(a) The totals of all expenditures made or incurred by such
lobbyist or on behalf of such lobbyist by the lobbyist's em-
ployer during the period covered by the report, which totals
shall be segregated according to financial category, including
food and refreshments; living accommodations; advertising;
travel; telephone; contributions; office expenses, including
rent and the salaries and wages paid for staff and secretarial
assistance, or the proportionate amount thereof, paid or in-
curred for lobbying activities; and other expenses or services:
PROVIDED HOWEVER, that unreimbursed personal living and
travel expenses of a lobbyist not incurred directly or indirectly
for any lobbying purpose need not be reported: and PRO-
VIDED FURTHER, that the interim weekly reports of legislative
lobbyists for the legislative session need show only the ex-
penditures for food and refreshments; living accommoda-
tions; travel; contributions; and such other categories as the
commission shall prescribe by rule. Each individual expendi-
ture of more than fifteen dollars for entertainment shall be
identified by date, place, amount, and the names of all per-
sons in the group partaking in or of such entertainment in-
cluding any portion thereof attributable to the lobbyist's par-
ticipation therein but without allocating any portion of such
expenditure to individual participants.
(b) In the case of a lobbyist employed by more than one
employer, the proportionate amount of such expenditures in
each category incurred on behalf of each of his employers.
■ (c) An itemized listing of each such expenditure in the
nature of a contribution of money or of tangible or intangible
personal property to any legislator, or for or on behalf of any
legislator. All contributions made to, or for the benefit of, any
legislator shall be identified by date, amount, and the name of
the legislator receiving, or to be benefited by each such con;,
tribution. ,
[d) The subject, matter ,pf proposed legislation or rule-
making; the proposed rules,. standards, rates or other legisla-
tive 'enactments under chap'. 34.04 R.C.W. and chap. 28B.19
R.CAV. (the state Administrative Procedure Acts) and the state
agency considering the same; and the number of each senate':
or house bill, resolution, of other legislative activity which the
lobbyist has been engaged in supporting or opposing during
the reporting period; PROVIDED, that in the case of appropri-
ations bills the lobbyist shall enumerate the specific section or
sections which he supported or opposed.
SECTION 18. Reports by Employers of Registered Lobby-
ists. Every employer of a lobbyist registered under this act
shall file with the commission on or before January 31st of
each year a statement disclosing for the preceding twelve
months the following information:
(1) The name of each elected official candidate, or any
member of his immediate family to whom such employer has
paid any compensation, the value of such compensation and
the consideration given or performed in exchange for such
compensation.
(2) The name of any corporation, partnership, joint ven-
ture, association, union or other entity of which any elected
official candidate, or any member of his immediate family is a
member, officer, partner, director, associate or employee and
to which the employer has paid compensation, the value of
such compensation and the consideration given or performed
in exchange for such compensation.
SECTION 19. Legislative Activities of State Agencies and
Other Units of Government. (1) Every legislator and every
committee of the Legislature shall file with the commission
quarterly reports listing the names, addresses, and salaries of
all persons employed by the person or committee making the
filing for the purpose of aiding in the preparation and enact-
ment of legislation during the preceding quarter. The reports
shall be made in the form and the manner prescribed by the
commission and shall be filed between the first and tenth days
of each calendar quarter.
(2) Unless expressly authorized by law, no state funds shall
be used directly or indirectly for lobbying: PROVIDED, this
shall not prevent state officers or employees from communi-
cating with a member of the legislature on the request of that
member; or communicating to the legislature, through the
proper official channels, requests for legislative action or ap-
propriations which are deemed necessary for the efficient
conduct of the public business or actually made in the proper
performance of their official duties: PROVIDED FURTHER,
that this subsection shall not apply to the legislative branch.
(3) Each state agency which expends state funds for
lobbying pursuant to an express authorization by law or
whose officers or employees communicate to members of the
legislature on request of any member or communicate to the
legislature requests for legislation or appropriations shall file
with the commission quarterly statements providing the fol-
lowing information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of each
employee engaged in such legislative activity, a general de-
scription of the nature of his legislative activities, and the pro-
portionate amount of his time spent on such activities.
(c) In the case of any communications to a member of the
legislature in response to a request from the member, the
name of the member making the request and the nature and
subject of the request.
~The statements shall be in the form and the manner pre-
scribed by the commission and shall be filed within thirty days
after the end of the quarter covered by the report.
(4) The provisions of this section shall not relieve any state
officer or any employee of a slate agency from complying with
other provisions of this act, ; if such officer or employee is not
/otheniyiseiex^ 'M^ftip-M
SECTION 20. Crass Roots Lobbying Campaigns. (1) Any
person who has made expenditures, not reported under other
sections of this act, exceeding five hundred dollars in the ag-
gregate within any three month period or exceeding two
hundred dollars in the aggregate within any one month period
in presenting a program addressed to the public, a substantial
portion of which is intended, designed, or calculated primarily
to influence legislation shall be required to register and re-
port, as provided in subsection (2), as a sponsor of a grass
roots lobbying campaign.
(2) Within thirty days after becoming a sponsor of a grass
roots lobbying campaign, the sponsor shall register by filing
with the commission a registration statement, in such detail as
the commission shall prescribe showing:
(a) The sponsor's name, address and business or occupa-
tion, and, if the sponsor is not an individual, the names, ad-
dresses and titles of the controlling persons responsible for
managing the sponsor's affairs.
(b) The names, addresses, and business or occupation of
all persons organizing and managing the campaign, or hired
to assist the campaign, including any public relations or adver-
tising firms participating in the campaign, and the terms of
compensation for all such persons.
sixty
(c) The names and addresses of all persons contributing to
the campaign, and the amount contributed by each contri-
butor.
(d) The purpose of the campaign, including the specific
legislation, rules, rales, standards or proposals which are the
subject matter of the campaign.
(e) The totals of all expenditures made or incurred to date
on behalf of the campaign, which totals shall be segregated
according to financial category, including but not limited to
the following: advertising, segregated by media and, in the
case of large expenditures (as provided by rule of the commis-
sion),, by outlet; contributions; entertainment, including food
and refreshments; office expenses including rent and the sala-
ries and wages paid for staff and secretarial assistance, or the
proportionate amount thereof paid or incurred for lobbying
campaign activities;- consultants; and printing and mailing
expenses.
(3) Every sponsor who has registered under this section
shall file monthly reports with the commission, which shall be
filed by the tenth day of the month for the activity during the
preceding month. The reports shall update the information
contained in the sponsor's registration statement and in prior
reports and shall show contributions received and totals of
expenditures made during the month, in the same manner as
provided for in the registration statement.
(4) When the campaign has been terminated, the sponsor
shall file a notice of termination with the final monthly report,
which notice shall state the totals of all contributions and
expenditures made on behalf of the campaign, in the same
manner as provided for in the registration statement.
SECTION 21 . Employment of Legislators, Attaches, or State
Employees; Statement, Contents and Filing. If any person reg-
istered or required to be registered as a lobbyist under this act
employs, or if any employer of any person registered or re-
quired to be registered as a lobbyist under this act, employs
any member of the legislature, or any member of any state
board or commission, or any employee of the legislature, or
any fulltime state employee, if such new employee shall re-
main in the partial employ of the State or any agency thereof,
then the new employer shall file a statement under oath with
the commission setting out the nature of the employment, the
name of the person to be paid thereunder, and the amount of
pay or consideration to be paid thereunder. The statement
shall be filed within fifteen days after the. commencement of
such employment. 1
SECTION 22. Employment of Unregistered Persons. It shall "
be a violation of this act for any person to employ for pay or
any consideration, or pay or agree 1o pay any consideration tp.,„.
a person to lobby who is not registered under this act except
upon condition that such person register as a lobbyist as pro-
vided by this act, and such person does in fact so register as
soon as practicable.
SECTION 23. Duties of Lobbyists. A person required to
register as a .lobbyist under this act shall also have the fol- ■
lowing obligations, the violation of which shall constitute
cause for revocation of his registration, and may subject such
person, and such person's employer, if such employer aids,
abets, ratifies or confirms any such act, to other civil liabilities,
as provided by this act:
(1) Such persons shall obtain and preserve all accounts,
bills, receipts, books, papers, and documents necessary to
substantiate the financial reports required to be made under
this act for a period of at least six years from the date of the
filing of the statement containing such items, which accounts,
bills, receipts, books, papers and documents shall be made
available for inspection by the commission at any time: PRO-
VIDED, that if a lobbyist is required under the terms of his
employment contract to turn any records over to his em-
ployer, responsibility for the preservation of such records
under this subsection shall rest with such employer.
(2) In addition, a person required to register as a lobbyist
shall not:
(a) Engage in any activity as a lobbyist before registering as >
such;
(b) Knowingly deceive or attempt to deceive any legislator
as to any fact pertaining to any pending or proposed legisla-
tion;
(c) Cause or influence the introduction of any bill or
, amendment thereto for the purpose of thereafter being em-
ployed to secure its defeat;
(d) Knowingly represent an interest adverse to any of his
employers without first obtaining such employer's written
consent thereto after full disclosure to such employer of such
adverse interest;
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator by reason of such legislator's
position with respect to, or his vote upon, any pending or
proposed legislation.
CHAPTER 111. REPORTING OF ELECTED
OFFICIALS FINANCIAL AFFAIRS
SECTION 24. Elected Officials Reports of Financial Affairs.
(1) Every elected official {except President, Vice President and
precinct committeemen) shall on or before January 31st of
each year, and every candidate {except for the offices of Presi-
dent, Vice President and precinct committeeman) shall, within
two weeks of becoming a candidate, file with the commission
a written statement sworn as to its truth and accuracy stating
for himself and his immediate family for the preceding twelve
months:
(a) Occupation, name of employer, and business address;
and
(b) Each direct financial interest in excess of five thousand
dollars in a bank or savings account or cash surrender value of
any insurance policy; each other direct financial interest in
excess of five hundred dollars; and the name, address, nature
of entity, nature and value of each such direct financial in-
terest; and
(c) The name and address of each creditor to whom the
value of five hundred dollars or more was owed; the original
amount of each debt to each such creditor; the amount of
each debt owed to each creditor as of the date of filing; the
< terms of repayment of each such debt; and the security given,
if any, for each such debt: PROVIDED, that debts arising out
of a "retail installment transaction" as defined in chap, 63.14
R.C.W. (Retail Installment Sales Act) need not be reported;
and
(d) Every public or private office, directorship and position
as trustee held; and
(e) All persons for whom actual or proposed legislation,
rules, rates, or standards has been prepared, promoted, or
opposed for current or deferred compensation; the descrip-
tion of such actual or proposed legislation, rules, rates or
standards; and the amount of current or deferred compensa-
tion paid or promised to be paid; and
(f) The name and address of each governmental entity,
corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity
from whom compensation has been received in any form of a
total value of five hundred dollars or more; the value of such
compensation; and the consideration given or performed in
exchange for such compensation; and
(g) The name of any corporation, partnership, joint ven-
ture, association, union or other entity in which is held any
office, directorship or any general partnership interest, or an
ownership interest of ten percent or more; the name or title
of that office, directorship or partnership; the nature of own-
ership interest; and with respect to each such entity the name
, of each governmental entity, corporation, partnership, joint
sixty-one
venture, sole proprietorship, association, union or other busi-
ness or commercial entity from which such entity has received
compensation in any form in the amount of five hundred dol-
lars or more during the preceding twelve months and the con-
sideration given or performed in exchange for such compen-
sation; and '
(h) A list, including legal descriptions, of all real property
in the State of Washington, the assessed valuation of which
exceeds two thousand five hundred dollars in which any direct
financial interest was acquired during the preceding calendar
year, and a statement of the amount and nature of the finan-
cial interest and of the consideration given., in exchange for
such interest; and
(i) A list, including legal descriptions, of all real property
in the State of Washington, the assessed valuation of which
exceeds two thousand five hundred dollars in which any direct
financial interest was divested during the preceding calendar
year, and a statement of the amount and nature of the consid-
eration received in exchange for such interest, and the name
and address of the person furnishing such consideration; and
(j) A list, including legal descriptions, of all real property
in the State of Washington, the assessed valuation of. which
exceeds two thousand five hundred dollars in which a direct
financial interest was held: PROVIDED, that if a description of
such property has been included in a report previously filed,
such property may be listed, for purposes of this provision, by
reference to such previously filed report; and
(k) A list, including legal descriptions, of all real property
in the State of Washington, the assessed valuation of which
exceeds five thousand dollars, in which a corporation, partner-
ship, firm, enterprise or other entity had a direct financial in-
terest, in which corporation, partnership, firm or enterprise a
ten percent or greater ownership interest was held; and
(1) Such other information as the commission may deem
necessary in order to properly carry out the purposes and pol-
icies of this act, as the commission shall by rule prescribe.
(2) Where an amount is required to be reported under
subsection (1), paragraphs (a) through (k) of this section, it
shall be sufficient to comply, with such requirement to report
whether the amount is less than one thousand dollars, at least
one thousand dollars but less than five thousand dollars, at
least five thousand dollars but less than ten thousand dollars,
at least ten thousand dollars but less than twenty five thou-
sand dollars, or twenty five thousand dollars or more. An
amount of stock may be reported by number of shares instead
of by market value. No provision of this subsection shall be
interpreted to prevent any person from filing more informa-
tion or more detailed: information than required. : : • •
(3) Elected officials and candidates reporting under this . ; .
section shall not be required to file the statements required to [ f [
be filed with the Secretary of State under R.C.W. 42.21 SSW^M^M^^
'A CHAPTER IV. PUBLIC RECORDS ,
SECTION 25, Duly to Publish Procedures. (1) Each state
; agency shall separately- state and currently publish in the
Washington Administrative Code and each local agency shall
prominently display and make available for inspection and
copying at the central office of such local agency, for guidance
of the public:
(a) descriptions of its central and field organization and
the established places at which, the employees from whom,
and the methods whereby, the public may obtain information,
make submittals' or requests, or obtain copies of agency deci-
sions;
(b) statements of the general course and method by which
its operations are channeled and determined, including the
nature and requirements of all formal and informal proce-
dures available;
(c) rules of procedure;
{d) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or inter-
pretations of general applicability formulated and adopted by
the agency; and
(e) each amendment or revision to, or repeal of any of the
foregoing.
(2) Except to the extent that he has actual and timely no-
tice- of the terms thereof, a person may not in any manner be
required to resort to, or be adversely affected by, a matter
required to be published or displayed and not so published or
displayed.
SECTION 26. Documents and Indexes To Be Made Public.
(1) Each agency, in accordance with published rules, shall
make available for public inspection and copying all public
records. To the extent required to prevent an unreasonable
invasion of personal privacy, an agency shall delete identifying
details when it makes available or publishes any public
record; however, in each case, the justification for the dele-
tion shall be explained fully in writing.
(2) Each agency shall maintain and make available for
public inspection and copying a current index providing iden-
tifying information as to the following records issued,
adopted, or promu Igated after J une 30, 1 972:
(a) final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(b) those statements of policy and interpretations of pol-
icy, statute and the Constitution which have been adopted by
the agency;
(c) administrative staff manuals and instructions to staff
that affect a member of the public;
(d) planning policies and goals, and interim and final plan-
ning decisions;
(e) factual staff reports and studies, factual consultant's
reports and studies, scientific reports and studies, and any
other factual information derived from tests, studies, reports
or surveys, whether conducted by public employees or
others; and
(f) correspondence, and materials referred to therein, by
and with the agency relating to any regulatory, supervisory or
enforcement responsibilities of the agency, whereby the
agency determines, or opines upon, or is asked to determine
or opine upon, the rights of the state, the public, a subdivision
of state government, or of any private party.
(3) An agency need not maintain such an index, if to do so
would be unduly burdensome, but it shall in that event:
(a) issue and publish a formal order specifying the reasons
why and the extent to which compliance would unduly
burden or interfere with agency operations; and
;, (b) make available for public inspection and copying alt
indexes maintained for agency use. ■"'
(4) A public record may be relied on, used, or cited as
precedent by an agency against a party other than an agency
and it may be invoked by the agency for any other purpose
only if —
(a) it has been indexed in an index available to the public;
or
{b) parties affected have timely notice (actual or construc-
tive) of the terms.thereof.
(5) This act shall not be construed as giving authority to
any agency to give, sell or provide access to lists of individuals
requested for commercial purposes, and agencies shall not do
so unless specifically authorized or directed by law.
SECTION 27. Facilities for Copying. Public records shall be
available to any person for inspection and copying, and agen-
cies shall, upon request for identifiable records, make them
promptly available to any person. Agency facilities shall be
made available to any person for the copying of public rec-
ords except when and to the extent that this would unreason-
ably disrupt the operations of the agency.
SECTION 28. Times for Inspection and Copying. Public
records shall be available for inspection and copying during
sixty-two
the customary office hours of the agency: PROVIDED, that if
the agency does not have customary office hours of at least
thirty hours per week, the public records shall be available
from nine o'clock a.m. to noon and from one o'clock p.m. to
four o'clock p.m. Monday through Friday, excluding legal holi-
days, unless the person making the request and the agency or
its representative agree on a different lime.
SECTION 29. Protection of Public Records. Agencies shall
adopt and enforce reasonable rules and regulations, conso-
nant with the intent of this act to provide full public access to
official records, to protect public records from damage or di-
sorganization, and to prevent excessive interference with
other essential functions of the agency. Such rules and regula-
tions shall provide for the fullest assistance to inquirers and
the most timely possible action on requests for information.
.SECTION 30. Charges for copying. No fee shall be charged
for the inspection of public records. Agencies may impose a
reasonable charge for providing copies of public records and
for the use by any person of agency equipment to copy public
records, which charges shall not exceed the amount necessary
to reumburse the agency for its actual costs incident to such
copying.
SECTION 31. Certain Personal and Other Records Exempt.
(1) The following shall be exempt from public inspection and
copying:
(a) Personal information in any files maintained for stu-
dents in public schools, patients or clients of public institu-
tions or public health agencies, welfare recipients, prisoners,
probationers or parolees.
{b) Personal information in files maintained for employ-
ees, appointees or elected officials of any public agency to the
extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure of
the information to other persons would violate the taxpayer's
right to privacy or would result in unfair competitive disadvan-
tage to such taxpayer.
(d) Specific intelligence information and specific investi-
gative files compiled by investigative, law enforcement and
penology agencies, and state agencies vested with the respon-
sibility to discipli ne members of any prof ession, the
non-disclosure of which is essential to effective law enforce-
ment or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who file *
complaints with investigative, law enforcement or penology
agencies, except as the complainant may authorize.
(fl 7??LS"??.li£!H£^
data used to administer a license, employment or academic
examination.
(g) Except as provided by chap. 8.26 R.C.W., the contents
of real estate appraisals, made for or by any agency relative to
the acquisition of property, until the project is abandoned or
until such time as all of the property has been acquired, but in
no event shall disclosure be denied for more than three years
after the appraisal,
(h) Valuable formulae, designs, drawings and research
data obtained by any agency within five years of the request
for disclosure when disclosure would produce private gain
and public loss.
(i} Preliminary drafts, notes, recommendations, , and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
record shall not be exempt when, publicly cited by an agency
In connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would'not be available
to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(2) The exemptions of this section shall be inapplicable to
the extent that information, the disclosure of which would vi-
olate personal privacy or vital governmental interest, can be
deleted from the specific records sought. No exemption shall
be construed to permit the nondisclosure of statistical infor-
mation not descriptive of any readily identifiable person or
persons.
(3) inspection or copying of any specific records, exempt
under the provisions of this section, may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records, is
clearly unnecessary to protect any individual's right of privacy
or any vital governmental function.
(4) Agency responses refusing, in whole or part, inspec-
tion of any record shall include a statement of the specific
exemption authorizing the withholding of the record (or part)
and a brief explanation of how the exemption applies to the
record withheld.
SECTION 32. Prompt Responses Required. Responses to
requests for records shall be made promptly by agencies. De-
nials of requests must be accompanied by a written statement
of the specific reasons therefor. Agencies shall establish mech-
anisms for the most prompt possible review of decisions de-
nying inspection, and such review shall be deemed completed
at the end of the second business day following the denial of
inspection and shall constitute final agency action for the pur-
poses of judicial review.
SECTION 33. Court Protection of Records. The examination
of any specific record may be enjoined if, upon motion and
affidavit, the superior court for the county in which the
movant resides or In which the record is maintained, finds that
such, examination would clearly not be in the public interest
and would substantially and irreparably damage any person,
or would substantially and irreparably damage vital govern-
mental functions.
SECTION 34. Judicial Review of Agency Actions. {1) Upon
the motion of any person having been denied an opportunity
to inspect or copy a public record by an agency, the superior
court in the county in which a record is maintained may re-
quire the responsible agency to show cause why it has refused
to allow inspection or copying of a specific record or class of
records. The burden of proof shall be on the agency to estab-
lish that refusal to permit public inspection and copying is
required.
(2) Judicial review of all agency actions taken or chal-
lenged under Sections 25 through 32 of this act shall be de
,_novo. Courts shall take into account the policy of this act that
free and open examination of public records is in the public
interest, even though such examination may cause inconveni-
ence or embarrassment to public officials or others. Courts
may examine any record in camera in any proceeding brought
under this section.
(3) Any person who prevails against an agency in any ac-
tion in the courts seeking the right to inspect or copy any
public record shall be awarded ail costs, including reasonable,
attorney fees, incurred in connection with such legal action. In
addition, it shall be within the discretion of the court to award
such person an amount not to exceed twenty-five dollars for
each day that he was denied the right to inspect or copy said
public record.
CHAPTER V. ADMINISTRATION
AND ENFORCEMENT
SECTION 35. Commission — Established — Membership.
There is hereby established a "Public Disclosure Commission"
which shall be composed of five members who shall be ap-
pointed by the governor, with the consent of the senate. All
sixty-three
appointees shall be persons of the highest integrity and quali-
fications. No more than three members shall have an identifi-
cation with the same political party. The original members
shall be appointed within sixty days after the effective date of
this act. The term of each member shall be five years except
that the original five members shall serve initial terms of one,
two, three, four and five years, respectively, as designated by
the governor. No member of the commission, during his ten-
ure, shall (1) hold or campaign for elective office; (2) be an
officer of any political party or political committee; (3) permit
his name to be used, or make contributions, in support of or
in opposition to any candidate or proposition; (4) participate
in any way in any election campaign; or (5) lobby or employ
or assist a lobbyist. No. member shall be eligible for appoint-
ment to more than one full term. A vacancy oh the commis- ■
sion shall be filled within thirty days of the vacancy by the
governor, with the consent of the senate, and the appointee
shall serve for the remaining term of his predecessor. A va-
cancy shall not impair the powers of the remaining members
to exercise all of the powers of the commission. Three mem-
bers of the commission shall constitute a quorum. The com-
mission shall elect its own chairman and adopt its own rules of
procedure in the manner provided in chapter 34.04 R.C.W.
Any member of the commission may be removed by the gov-
ernor, but only upon grounds of neglect of dyty or miscon-
duct in office.
Members shall serve without compensation, but shall be
reimbursed for necessary traveling and lodging expenses ac-
tually incurred while engaged in the business of the commis-
sion as provided in chapter 43.03 R.C.W.
SECTION 36. Commission — Duties. The commission shall:
(1) Develop and provide forms for the reports and state-
ments required to be made under this act;
(2) Prepare and publish a manual setting forth recom-
mended uniform methods of bookkeeping and reporting for
use by persons required to make reports and statements
under this act;
(3) Compile and maintain a current list of all filed reports
and statements;
(4) Investigate whether properly completed statements -
and reports have been filed within the times required by this
act;
(5) Upon complaint or upon its own motion, investigate
and report apparent violations of this act to the appropriate
law enforcement authorities;
(6) Prepare and publish an annual report to the governor
as to the effectiveness of this act and its enforcement by ap|Vi-
propriate law enforcement authorities; and M^Uv^i
(7) Enforce this act; according to the .powers .granted it by
. law. '^vvVy^'r^
;i : SECTION! 37. Commission— Additional. Powers. The com-
mission is empowered to: "v : -'^
(1) Adopt, promulgate, amend and rescind suitable ad-
ministrative rules and regulations to carry out the policies and
purposes of this act;
(2) Prepare and publish such reports .and technical studies
as in its judgment will tend to promote the purposes of this
act, including reports and statistics concerning campaign fi-
nancing, lobbying, financial interests of elected officials, and
enforcement of this act;
(3) Make from time to time, on its own motion, audits and
field investigations;
(4) Make public the fact that an alleged or apparent viola-
tion has occurred and the nature thereof;
(5) Administer oaths and affirmations, subpoena wit- ■
nesses, compel their attendance, take evidence and require
the production of any books, papers, correspondence, memo-
randums or other records which the commission deems rele-
vant or materia! for the, purpose of any investigation author-
ized under this act, or any other proceeding under this act;
(6) Adopt and promulgate a Code of Fair Campaign Prac-
-tices;
(7) Relieve, by published regulation of general applicabil-
ity, candidates or political committees of obligations to
comply with the provisions of this act relating to election
campaigns, if they have not received contributions nor made
expenditures in connection with any election campaign of
more than one thousand dollars; and
(8) Enact regulations prescribing reasonable requirements
for keeping accounts of and reporting on a quarterly basis
costs incurred by state agencies, counties, cities and other
municipalities and political subdivisions in preparing, pub-
lishing and distributing legislative information. The term "leg-
islative information," for the purposes of this subsection,
means books, pamphlets, reports and other materials pre-
pared, published or distributed at substantial cost, a substan-
tial purpose of which is to influence the passage or defeat of
any legislation. The state auditor in his regular examination of
each agency under chapter 43.09 R.C.W. shall review such
regulations, accounts and reports and make appropriate find-
ings, comments and recommendations in his examination
reports concerning those agencies.
(9) The commission, after hearing, by order may suspend
or modify any of the reporting requirements hereunder in a
particular case if it finds that literal application of this act
works a manifestly unreasonable hardship and if it also finds
that such suspension or modification will not frustrate the
purposes of the act. Any such suspension or modification shall
be only to the extent necessary to substantially relieve the
hardship. The commission shall act to suspend or modify any
reporting requirements only if it determines that facts exist
that are clear and convincing proof of the findings required
hereunder. Any citizen shall have standing to bring an action
in Thurston County Superior Court to contest the propriety of
. any order entered hereunder within one year from the date of
entry of such order.
SECTION 38. Secretary of State, Attorney General — Duties.
(1) The secretary of state, through his office, shall perform
such ministerial functions as may be necessary to enable the
commission to carry out its responsibilities under this act. The '
office of the secretary of state shall be designated as the place
where the public may file papers or correspond with the
commission and receive any form or instruction from the
commission.
(2) The attorney general, through his office, shall supply
such assistance as the commission may require in order to
carry out its responsibilities under this, act, The commission
may employ attorneys who are neither the attorney general
nor an assistant attorney general to carry out any function of
/the attorney genera! prescribed in this section,
SECTION 39. Civil Remidies and Sanctions. (1) One or
more of the following civil remedies and sanctions may be
imposed by court order in addition to any other remedies
provided by law:
(a) If the court finds that the violation of any provision of
this act by any candidate or political committee probably af-
fected the outcome of any election, the result of said election
may be held void and a special election held within sixty days,
of such finding. Any action to void an election shall be comm-
enced within one year of the date of the election in question.
It is intended that this remedy be imposed freely in all appro-
priate cases to protect the right of the electorate to an in-
formed and knowledgeable vote. 1
(b) If any lobbyist or sponsor of any grass roots lobbying
campaign violates any of the provisions of this act, his registra-
tion may be revoked or suspended and he may be enjoined
from receiving compensation or making expenditures for
lobbying: PROVIDED, however, that imposition of such sanc-
tion shall not excuse said lobbyist from filing statements and
reports required by this act.
sixty-four
(c) Any person who violates any of the provisions of this
act may be subject to -a civil penalty of not more than ten
thousand dollars for each such violation.
(d) Any person who fails to file a properly completed
statement or report within the time required by this act may
be subject to a civil penalty of ten dollars per day for each day
each such delinquency continues.
(e) Any person who fails to report a contribution or ex- .
penditure may be subject to a civil penalty equivalent to the
amount he failed to report.
(f) The court may enjoin any person to prevent the doing
of any act herein prohibited, or to compel the performance of
any act required herein.
SECTION 40. Enforcement. (1) The' attorney general and
the prosecuting authorities of political subdivisions of this
state may bring civil actions In the name of the state for any
appropriate civil remedy, including but not limited to the spe-
cial remedies provided in Section 39.
(2) The attorney general and the prosecuting authorities of
political subdivisions of this state may investigate or cause to
be investigated .the activities of any person who there is
reason to believe is or has been acting in violation of this act, \
and may require any such person or any other person reason-
ably believed to have information concerning the activities of
such person to appear at a time and place designated in the
county in which such person resides or is found, to give such
information under oath and to produce all accounts, bills,
receipts, books, papers, and documents which may be rele-
vant or material to any investigation authorized under this act.
(3} When the attorney general or the prosecuting au-
thority of any political subdivision of this state requires the
attendance of any person to obtain such information or the
production of the accounts, bills, receipts, books, papers, and
documents which may be relevant or material to any investi-
gation authorized under this act, he shall issue an order set-
ting forth the time when and the place where attendance is
required and shall cause the same to be delivered to or sent
by registered mail to the person at ieast fourteen days before
the date fixed for attendance. Such order shall have the same
force and effect as a subpoena, shall be effective state-wide,
and, upon application of the attorney general or said prose-
cuting authority, obedience to the order may be enforced by
any superior court judge in the county where the person re-
ceiving it resides or is found, in the same manner as though
the order were a subpoena. The court, after hearing, for good
■ cause, and upon application of any person aggrieved by the
order, shall have the right to alter, amend, revise, suspend, or
postpone all or any part of its provisions. In any case where
the . order is not enforced by the court according to its terms, - — -
the reasons for the court's actions shall be clearly stated in
writing, and such action shall be subject to review by the ap-
pellate courts by certiorari or other appropriate proceeding.
(4) Any person, who has notified the attorney general in
writing that there is reason to believe that some provision of
this act is being or has been violated may himself bring in the
name of the state any of the actions (hereinafter referred to as
a citizen's action) authorized under this act if the attorney
general has failed to commence an action hereunder within
forty days after such notice and if the attorney general has
failed to commence an action within ten days after a notice in
writing delivered to the attorney general advising him that a
citizen's action will be brought ff the attorney general does
not bring an action. If the person who brings the citizen's ac- i
tion prevails, he shall be entitled to one-half of any judgment
awarded, and to the extent the costs and attorney's fees he
has incurred exceed his share^f the judgment, he shall be
entitled to be reimbursed for such' costs and fees by the State
of Washington: PROVIDED, that in the case of a citizen's ac-
tion which is dismissed and which the court also finds was
brought without reasonable cause, the court may order the
person commencing the action to pay all costs of trial and rea-
sonable attorney's fees incurred by the defendant.
(5) In any action brought under this section, the court may
award to the state all costs of investigation and trial, including
a reasonable attorney's fee to be fixed by the court. If the vio-
lation is found to have been intentional, the amount of the
judgment, which shall for this purpose include the costs, may
be trebled as punitive damages. If damages or treble darnages
are awarded in such an action brought against a lobbyist, the
judgment may be awarded against the lobbyist, and the lobby-
ist's employer or employers joined as defendants, jointly, sev-
erally, or both. If the defendant prevails, he shall be awarded
all costs of trial, and may be awarded a reasonable attorney's
fee to be fixed by the court to be paid by the State of Wash-
ington.
SECTION 41. Limitation on Actions. Any action brought
under the provisions of this act must be commenced within
six years after the date when the violation occurred.
SECTION 42. Date of Mailing Deemed Date of Receipt.
When any application, report, state,ent, notice, or payment
required to be made under the provisions of this act has been
deposited post-paid in the United States mail properly ad-
dressed, it shall be deemed to have been received on the date
of mailing. It shall be presumed that the date shown by the
post office cancellation mark on the envelope is the date of
mailing.
SECTION 43. Certification of. Reports. Every report and
statement required to be filed under this act shall identify the
person preparing it, and shall be certified as complete and
correct, both by the person preparing it and by the person on
whose behalf it is filed.
SECTION 44. Statements and Reports Public Records. All
statements and reports filed under this act shall be public rec-
ords of the agency where they are filed, and shall be available
for public inspection and copying during normal business
hours at the expense of the person requesting copies, pro-
vided that the charge for such copies shall not exceed actual
cost to the agency.
SECTION 45. Duty to Preserve Statements and Reports.
Persons with whom statements or reports or copies of state-
ments or reports are required to be filed under this act shall
preserve them for not less than six years. The commission,
however, shall preserve such statements or reports for not less
than ten years.
SECTION 46. Severability. If any provision of this act, or its
application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected.
SECTION 47. Construction. The provisions of this act are to
be liberally construed to effectuate the policies and purposes
of this act. [n the event of conflict between the provisions of
this act and any other act, the provisions of this act shall
govern.
SECTION 48. Chapter and Section Headings Not Part of
Law. Chapter and section captions or headings as used in this
act do not constitute any part ,of the law.
SECTION 49. Effective Date. The effective date of this act
shall bejanuary 1, 1973.
SECTION 50. Repeals. Chapter 9, Laws of 1965, as
amended by section 9, chapter 150, Laws of 1965 ex. sess,, and
R.C.W. 29.18.140; and chapter 131, Laws of 1967 ex. sess. and
R.CW. 44.64; and chapter 82, Laws of 1972 {42nd Leg. 2nd Ex.
Sess.) and Referendum Bill No. 24; and chapter 98, Laws of
sixty-five
1972 (42nd Leg. 2nd Ex, S ess.) and Referendum Bill No. 25 are
each hereby repealed.
EXPLANATORY COMMENT
Initiative Measure No. 276 filed in the office of the Secre-
tary of State as of March 29, 1972. .
Sponsor filed 162,782 supporting signatures as of July 6,
1972.
Signatures found sufficient. Measure then certified to the
November 7, 1972 stale general election for approval or rejec-
tion by the voters.
COMPLETE TEXT OF
Referendum Bill
24
CHAPTER 82, LAWS OF 1972
(42nd Leg., 2nd Ex. Session)
Ballot Title as issued by the Attorney General:
Lobbyists — Regulation, Registration and Reporting
AN ACT regulating legislative lobbying; amending a prior 1967
act relating thereto; continuing to require registration of
lobbyists but specifically defining lobbying as attempting to
influence, through direct contact with state legislators, the
passage or defeat of any legislation; requiring lobbyists to file
itemized and detailed reports of lobbying expenditures during
legislative sessions; transferring general responsibility for en-
forcement from the attorney general to the Senate and House
Boards of Ethics; authorizing these boards to direct the at-
torney general to exercise certain enforcement powers; and
replacing present criminal penalties with civil remedies in-
cluding damages and injunctions against lobbyists and other '
violators. C./i>*i'-S : !. ir ', ,:■ .
LEGISLATIVE TITLE
(Sub. House Bill No. 341)
LEGISLATIVE LOBBYING
AN ACT relating to legislative lobbying; providing for the reg-
istration and regulation of lobbyists; amending section 3,
chapter 150, Laws of 1967 ex. sess. and RCW 44.60.030;
amending section 1, chapter 131, Laws of 1967 ex. sess.
and RCW 44.64.010; amending section 2, chapter 131,
Laws of 1967 ex. sess. and RCW 44.64.020; amending sec-
tion 3, chapter 131, Laws of 1967 ex. sess. and RCW
44.64.030; amending section 4, chapter 131, Laws'of 1967
ex. sess. and RCW 44.64.040; amending section 6; chapter
131, Laws of 1967 ex. sess. and RCW 44.64.060; adding
new sections to chapter 131, Laws of 1967 ex. sess. and to
chapter 44.64. RCW; repealing section 5, chapter 131,
Laws of 1967 ex. sess. and RCW 44.64.050; and providing
for a referendum.
BE IT ENACTED, by the Legislature
oftheState of Washington:
Section 1, Section 1, chapter 131, Laws of 1967 ex. sess.
and RCW 44.64.010 are each amended to read as follows:
When used in this chapter:
(1) ft T -htrte r tr r " c o n tribution" in c l tid e s - a -g i ft; ■ subsc rip tio n ,
luan, advance u r dupwr of mo n ey u i anyth i ng uf va l ue and
i nc l udes o contract, prem ise - or agreement, whet - hor or not
l egaHy -- enforcoab l c; -to moke o contribut i cHv - g i ven w i th the
i- R 4 eR4"ef H flti - uene i- Hg - 4^e - paGGago or defeat of any - pending or
pr - Qpe & ed -l egifr l atien i
■(^W 'The term "expenditure" includes a payment, contri-
bution, subscription, distribution, loan, advance, deposit, or
gift of money or anything of value, and includes a contract,
promise or agreement, whether or not legally enforceable, to
make an expenditure^.)) ;
{ ■ H ^ ffl - 1 [2) The term "person" includes an individual, part-
nership, committee, association, corporation, and any other
organization or group of persons. The term does not include a
member or member-eiect of either house of the state legisla-
ture TfrW' , an elected state officer nor a gubernatori al ap-
pointee to a' position requiring confirmation by the senate;
W4#r (3) The term "legislation" means bills, resolutions,
amendments, motions, nominations, and other matters
pending or proposed in either house or any committee of the
legislature;
(4) The terms "lobby" and "lobbying" each mean at-
tempting to influence, through direct contact with any legis-
lator or legislators, the passage or defeat of any legislation by
the legislature;
(5) The term "lobbyist" means any person, including any
public employee, who shall lobby either on his own or anoth-
er's behalf;
(6) The term "lobbyist's employer" means the person or
persons by whom or on whose behalf the lobbyist is em-
ployed, and all persons by whom he is compensated for acting
as a lobbyist;
(7) The term "code reviser" means the person so desig-
nated under the provisions of chapter 1.08 RCW;
(8) The terms "senate board of ethics" and "house board
of ethics" mean the boards designated and defined in RCW
44.60.010;
(9) The term "prescribed form" means a form prescribed
by the joint board of ethics.
Sec. 2. Section 2, chapter 131, Laws of 1967 ex. sess. and
RCW 44.64.020 are each amended to read as follows:
' (1) - ( - (Any - person who sha ll be engagcd - for pay or for any
eGns i doraii - Qw - for - th e purpos e of att e mpting to i nf l u e nce th e
fiacsa . ge -or def e a t-of any le gis l at i on J ay the le g is l a tur e of the
4t n tc H r -W^f-h :i "fjT"" " r thg approval nr votn nf any I ngi el ptinp
by th e gov e rnor of the -s tete-ef - Wa s hington -s h al l r e gi s t a r -A w th
' th e pre s id e nt of th e-se nat e-a nd the sp e a k er , of th e hou s e b e-
fore doing a nything j- n ... f - ur4 . frerance of s uch object and -s fr aJ-l
g i v e -to -s uch off i c e r s . in wr i t i ng and - und e r oath a stat e m e n t)
Before doing any lobbying a lobbyist shall register by filing
with the code reviser a lobbyist registration statement exe-
cuted under oath on a prescribed form, for each of his em-
ployers, s howing:
(a) Name 4( - ared ^7 permanent business addres s, and busi-
ness address during the legislative session ;
(b) Name and address of the ( {per s otve f^ pefs e ffs by whom
h-e- is emp i oycd - and - in who s e i ntercst-he - o -pp e e f -s- er - ^vef -la-fl f i d
by whom he is c& ff*i ae fls M< *etfr H obbyist J s employer ;
(c) The duration of such employment;
'(d) If employed as a lobbyist, whether he is paid on a
permanent basis with a lobbying assignment as a partial, tem-
porary or incidental part of his duties, or whether his compen-
sated employment is solely for lobbying purposes;
(e) A written authorization from Heaeh - person by whom -
ho i s so emp l oyed -) ) the lobbyist's employer confirming such
employment ;
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